“Radical” ruling lets Texas ban social media moderation based on “viewpoint”

A federal appeals court has restored a Texas state law that bannedcensorship on social media platforms.

The law was found to violate the First Amendment right to moderate user-submitted content by a US District Court judge. A panel of three judges stayed the preliminary injunction on Wednesday after Ken Paxton appealed the injunction to the US Court of Appeals for the Fifth Circuit.

The ruling did not explain the judges reasoning. The panel ruling did not say how each judge voted.

The ruling is radical and could lead to liability for social media companies. There are many challenges to applying this law. Barthold said that no one besides lawyers, judges, experts in the field, and the law's own sponsors know what compliance with this law looks like.

The ruling was a big win against big tech and I look forward to continuing to defend the constitutionality of the law.

Judges “struggle with basic tech concepts”

The judges seemed to struggle with basic tech concepts during the oral arguments held on Monday. Judges were skeptical of arguments made by NetChoice and the Computer and Communications Industry Association (CCIA), which sued Texas to block the law.

The lawyer for NetChoice and CCIA was told by Judge Edith Jones that their clients are not websites. Both groups have Amazon, eBay, Facebook, and other members.

The judge suggested that if the tech platforms succeeded, it would allow phone companies to kick off users.

The Federal Communications Commission regulates telephone companies as common carriers. Supreme Court Justice Clarence Thomas has argued that digital platforms could be regulated as common carriers.

CNN tech reporter Brian Fung detailed the Fifth Circuit judges confusion in a thread. The First Amendment's free speech guarantee is imposed on Congress, not private companies, so it is extraordinary that there is a First Amendment right to ban certain kinds of speech. The lawyer for the tech groups pointed out that the government doesn't have the power to dictate what private entities can and can't do.

Reagan appointees Jones and Oldham were appointed by Trump. Southwick was appointed by George W. Bush.